The Republican journal., 1887-05-12
The Maine Law and It's enforcement.

To THE EDITOR OF THE JOURNAL: Police and
municipal courts in Maine occupy an important
place in the machinery for the enforcement of the
Maine law. In localities where they have exclu-
sivc jurisdiction certain matters connected
with the law, police or municipal judge has the
power though not the right to afford substantial
protection to the grOg Shops SO that citizens can
do nothing in the way of enforcing the law with
out his consent. Unfortunately for the temperance
cause, there are several judges in Maine who
seem to have been appointed for no other reason
than to prevent the enforcement of the laws
against the liquor traffic.
| suppose it is within the mark to say that nine
tcnths of all the business of these courts grows
out of the grog shops directly or indirectly, and
the Judges of such courts ought to he not only
warm and true friends of law and order generally.
but should be heartily in sympathy with the Maine
law and should lend all possible aid to citizens
and the police in their endeavors to protect So
cey from the terrible evils of the liquor traffic.
1t seems to me man of honor would do this, IL
| respective of his personal inclinations and pro-
clivi;ies as to the rum question.
There is one judge whom know, who refused a
warrant of search and seizure to 4 lady, 4 promi-
| nent member of the W. c. L. L., who made oath
before him in the case, as provided by law. The
lady replied to him: "You have no discretion in
the matter because the law says expressly that
you shall grant me warrant" The judge an
swered 81 do not for the law. l will not
grant warrant if an angel from heaven should
apply for it, This man was appointed to his po-
sition at the request of politicians, against the
earnest remonstrances of all the temperance men
and women of the locality. The judge whom he
superseded was in every way an honorable and
upright man, and had thrown no obstacle in the
way of enforcing the Maine law. The municipal
judge of Portland is very unacceptable to the
temperance workers here, as learn the judge of
the Belfast police court is there.
THE LAW SAYS DISTINCTLY:
| "If any person competent to be witness In
civil suits makes sworn complaint before any
Judge of municipal or police court, or trial jus
tee that he believes intoxicating liquors I'M
lawfully kept or deposited in any place in the
State by any person, and that the are intend
ed for sale within the State in violation of laws,
such magistrate shall issue his warrant" &c.
| 1t will be here that the law is mandatory.
| leaving no discretion whatever to the judge. The
| applicant for the warrant does it on his own re
sponsibiity under express provision OF law, and
| the judge has no power right under the law to
| inquire into the reasons which induce the com
plainant to believe that intoxicating liquors are
kept in the place complained of. The judge has
nothing whatever to do with that under the law.
Now am told that the Belfast Judge has refused
warrants to citizens of first class standing in the
community, claiming that he has legal right so to
do This special phraseology was put into the
original Maine Law for the express purpose of dc
| p,, ind Of tho of ino
the enforcement of it. 1t has been in the Statute
since that time, now thirty -siN years. and has been
always accepted in good faith by all our courts
with few rare exceptions, like that of the Belfast
judge, and the CANCEL from Heaven" official.
suppose Judge Boar,lman will not deny that he has
the right and the power to obey the law, even
though he may think himself entitled to disobcy it
That being so, why does he refuse to obey the law
ii would strike outside observer that it is done
and can only be DONE for the purpose of protecting
| the grog shops. do not know that this is SO
Judge Boardman may for all this. be an honorable
| and upright man, honestly wishing to discharge
his duty faithfully. Then think he owes it to the
community in which he holds an important posi-
on and to himself as well, to give his reasons for
his action fully and to show that he is not actuate
by any wish or intention i'll any way to give aid
1
there many in Belfast which the temperance
men of the city said to believe to be intrenched
behind the Police Court. do not say this Is so;
do not know; but temperance men of Belfast seem
| to think so.
The general rule in Maine in all these thirty six
| years has been among police and municipal
Judges to obey the law without delay or hesitation
Now if the Belfast Judge departs from this long es
tabished custom, it must be for reason 1t ought
to he good and sufficient reason, one that would
| satisfy all fair minded citizens. What is it?
think the judge is bound by considerations touch
ing his personal integrity and the highest public
good, to state publicly what reason he has for his
unusual action in these cases
! am told that he has assigned as one reason, the
unconsttutionaity of the law. 4 blunder head, ii
an honest man, might manage to get on as police
| judge, but he should be lawyer enough to know
that police court has nothing whatever to do with
any question of that sort. Such questions are with
i'll the exclusive jurisdiction of the Supreme Court
police court is always to hold the law-any law
to be constitutional until it shall be declared other
wise by the proper tribunal. am told that Judge
Boar'llnan has withdrawn that reason as the one
| upon which he has founded his action in these
cases. Very well then, what other reason has he
to offer: lmpertinent people may say his only
reason mast be to protect the grog shops which arc
said to in:ct so much misery upon the people OF
Belfast and which are said to exist there in viola
ton of the law, of which Judge Boar,lman is spec
Ia! guardian. EH-oflicio lie is special guardian OF
that law, and think it is particularly incumbent
upon him to discharge his duty faithfully and hon
cstly in that matter. do not say that he has moi
done this but citizens of Belfast have told me that
his action in these does not seem to thera to
be in accordance with the law nor with his duty as
good citizen. do not know that their com
plants are just. do not know that there are grog
shops in Belfast; have heard so. do not know
that Judge Boariman has not truly, honestly
faithfully and ably discharged his full duty this
| connection. do know that some of his fellow cit
liens think he has not done so, but In my opinion
it touches his honor to show to the people of Bel
| fast that he has been and Is an honest man and
| faithful Judge. NEAL Dow.